D18.0 - Student Conduct Process

I. Introduction

An environment that encourages freedom of expression and inquiry is essential to achieving the educational mission of RIT. It is the responsibility of RIT students, faculty, staff and administrators to work towards the achievement of this educational mission through appropriate actions or behaviors related to P.3.0 - Honor Code. When these actions or behaviors are inappropriate, or when these actions or behaviors lead to conflicts, it is the responsibility of RIT to provide a process that informs and educates the RIT community about appropriate behaviors and provides a fair and reasonable manner for the resolution of conflicts. This Student Code of Conduct provides that process for cases involving students.

III. Definitions

Accused means any Student member of the RIT Community alleged to have engaged in conduct in violation of the Student Code.

Business Day means Monday through Friday and does not include official RIT holidays.

Code of Conduct means RIT's Student Code of Conduct.

Complaint means the written charges filed against a Student or Student Organization by a Student Conduct Officer for alleged violation(s) of the Student Code. Complaints may only be filed by a Student Conduct Officer.

Complainant means RIT.

Report of Misconduct means any allegation of a violation of the Student Code. Anyone may file a Report of Misconduct against a Student or Student Organization.

Responses for Code of Conduct Violations means all assigned statuses and conditions to hold Students accountable and to support Student reflection and learning from their behaviors.

Student means undergraduate, graduate, non-degree seeking, students in not-for-credit programs, and all persons taking courses or training at RIT as well as Students on co-op and Students not officially enrolled during a particular term, but who have a continuing relationship with the university.

Student Organization means any RIT recognized student group including fraternities and sororities, athletic teams, clubs, or other student groups on campus.

Student Conduct Officer or Conduct Officer means any trained administrator designated by the director of the Center for Student Conduct and Conflict Resolution who is authorized to conduct hearings and to impose the full range of university statuses and conditions. Center for Residence Life professional staff members have the authority to hear cases and can impose the full range of university statuses and conditions, excluding removal from housing and separation from the university.

Student Conduct Appeals Coordinator or Appeals Coordinator means a trained staff member who works with Students interested in appealing decisions of student conduct hearings. The Student Conduct Appeals Coordinator will act as a resource for the Student as they begin the appeal process, and will provide information about the RIT appeals process.

Appeals Liaison means a staff member who works with students to help them prepare for the appeal process.

IV. RIT Standards of Conduct

Students and Student organizations are expected to conduct themselves in ways that support the university's mission. The behaviors outlined in these standards are inappropriate and do not support the university's mission. They are listed below to provide Students with information about the university’s expectations for community behavior. Students engaging in inappropriate behaviors, including but not limited to those behaviors listed below, will be afforded the opportunity to participate in the process outlined in the Student Code of Conduct.

Endangering Behavior. Behavior that threatens or endangers the health and/or safety of oneself or others. Endangering behavior may include physical, verbal, or electronic abuse, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.

Discrimination. The treatment of an individual based on that individual's group, class, or category. Group, class, or category includes, but is not limited to, race, religion, age, citizenship, color, creed, culture, including deaf culture, actual or perceived disabilities, gender, marital status, ethnic or national origin, political affiliation or preference, military or veteran status, sexual orientation, gender identity, gender expression, or genetic predisposition. Any gender-based or sexual misconduct alleged will be adjudicated under D19.0 RIT's Student Gender-Based and Sexual Misconduct Policy, Title IX.

Retaliation. Any adverse action intended to intimidate or punish another individual from reporting misconduct or participating in any university process or activity.

Disruptive/Disorderly Behavior. Behaviors that are disruptive to any on or off campus activity or conduct that infringes the rights of others.

Theft. Attempted or actual theft of, or unauthorized possession of university, personal, or public property.

Property Damage. Attempted or actual damage, destruction, or alteration of university, personal, or public property.

Refusal to Comply. Refusal to comply with the legitimate and reasonable request of any university representatives in the performance of their official duties.

Hazing/Failure to Report Hazing. Behavior, regardless of intent, which endangers the emotional or physical health and safety of a Student for the purpose of membership, affiliation with, or maintaining membership in, a group or Student Organization. Hazing includes any level of participation, such as being in the presence, having awareness of hazing, or failing to report hazing. Examples of hazing include, but are not limited to, beating or branding, sleep deprivation or causing excessive fatigue, threats of harm, forcing or coercing consumption of food, water, alcohol or other drugs or other substances, verbal abuse, embarrassing, humiliating, or degrading acts, or activities that induce, cause or require the Student to perform a duty or task which is not consistent with fraternal law, ritual or policy or involves a violation of local, state or federal laws, or the RIT Code of Conduct.

Fire/Fire Safety. Behavior that results in a fire, a false fire alarm, or a fire safety hazard.

Unauthorized Access. Unauthorized entry to or presence in any university building or property. Unauthorized possession, duplication or use of a university key, ID, or access card.

Violation of Law. Violation of federal, state or local law on university premises or at university sponsored or supervised activities.

Weapon Possession. Possession of, or implied possession of, a weapon anywhere on property owned, leased, or controlled by the university. Examples of weapons include, but are not limited to, any type of firearm, martial arts tools, paintball and air soft guns, explosives, chemicals used in a dangerous way, and ammunition.

Gambling. Possession of gambling devices, operation of lotteries and/or the promotion of gambling.

Failure to be a Responsible Host. Failure to ensure that the behavior of a non-university member complies with university policies.

Dishonest Behavior. Any act of dishonesty, including misrepresenting, omitting, altering, or falsifying information to university officials or on university documents, IDs, or records, exclusive of violations of D08.0 - Student Academic Integrity Process.

Code of Conduct for Computer and Network Use. Behaviors related to the misuse of RIT's computing, network, and information resources, including copyright infringement. For specifics, see C8.2 - Code of Conduct for Computer Use.

V. General Provisions for the Student Code of Conduct

The university will take reasonable steps to prevent discrimination and harassment, to prevent the recurrence of discrimination and harassment, and to remedy the discriminatory effects on members of the RIT Community, as appropriate. Any gender-based or sexual misconduct alleged will be adjudicated under D19.0 RIT's Student Gender-Based and Sexual Misconduct Policy, Title IX. Any conduct hearings or appeals that may be commenced under this policy will be conducted in an impartial manner by an impartial decision maker(s).

The university has adopted the following principles to govern its internal Student conduct processes for responding to Student misconduct:

Students are adults who are responsible for the consequences of their actions. An academic institution can and should hold a Student accountable for violating institutional policies and rules, particularly when the Student’s conduct interferes with the safety or rights of other members of the institutional community (including fellow Students, faculty, staff and visitors to the campus).

The university is not a microcosm of the general community; it is a special purpose community and only activities related to the achievement of its educational purposes are proper to the community.

Academic institutions are neither law-enforcement agencies nor sanctuaries from the law. Criminal and civil laws still apply within the academic community. In addition, the university has the authority to establish further policies to educate and hold Students accountable for violating these policies. Where the interests of the academic institution and the members of the university community are involved, the special authority of the university will be asserted.

Except for violations of civil or criminal laws, the internal affairs of the university are best handled by the university itself without resort to outside intervention. There can be no guarantee that outside agencies will not choose to intervene on their own or that a victim of a crime will not request the involvement of outside law enforcement.

Violations of Criminal or Civil Laws

The senior vice president for Student Affairs or designee will determine if the university will refer violations of criminal law to the appropriate law enforcement agencies.

A proceeding under the Student Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings. Statuses and conditions may be imposed before the outcome of any civil or criminal proceeding.

The university will cooperate fully with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for rehabilitation of Student violators. Individual Students, faculty and staff, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

Filing a Report of Misconduct

Anyone may file a Report of Misconduct against any Student or Student organization for violation of the Student Code.

A Report of Misconduct concerning academic conduct matters can be made to the dean of the college (or designee) responsible for the academic program in which the alleged misconduct occurred.

A Report of Misconduct concerning non-academic conduct matters can be made to Public Safety, a Center for Residence Life staff member, or a Student Conduct Officer.

Investigating a Report of Misconduct

Upon receipt of a Report of Misconduct, regardless of type, Public Safety will conduct an investigation. Generally, the investigation will be concluded within thirty (30) Business Days from the Report of Misconduct and transferred to the Center for Student Conduct and Conflict Resolution. This time frame may be modified based on the facts and circumstances of the specific investigation only with the approval of an associate vice president within the division of Student Affairs. The Student Conduct Officer will review the Report of Misconduct and determine if a Complaint will be filed. If a Complaint is filed, the Student Conduct Officer will determine the appropriate action to be taken in accordance with the provisions of the Student Code, including but not limited to, whether the case will be heard by a Center for Residence Life administrator or by a Student Conduct Officer. Generally, the appropriate action will be determined within thirty (30) Business Days from the conclusion of the investigation. This time frame may be expanded based on the facts and circumstances of the specific Complaint and/or the availability of witnesses only with the approval of the Student Conduct Officer.

Retaliation

The university prohibits retaliation against anyone filing a complaint alleging a violation of the Student Code, participating in the processes described in the Student Code, or opposing any practice in violation of the Student Code or applicable federal, state, or local laws.

Student Rights

All Students can expect the Student Code to be administered in a caring, sensitive and supportive manner, and to be treated with dignity and respect by all persons involved in the conduct process. The Student Code will allow Complainants to utilize the Student conduct process unimpeded, free from intimidation and harassment, while maintaining the rights of the Accused. All Students have the following rights:

As citizens of the community at large, including but not limited to:

The right to be free in their persons, living quarters, papers, and effects against unwarranted searches and seizures;

The right to remain silent and to be provided with basic due process in disciplinary proceedings;

The right to privacy (in accordance with the Family Educational Rights and Privacy Act) regarding access to and disclosure of Student records; and

The right to freedom of association.

Freedom of inquiry, and expression, along with the right to participate in university governance and to maintain a Student press free from censorship.

To be informed of any risks involved in acting as human subjects for research activities conducted through RIT.

To receive information pertaining to the Student Code and appropriate referrals for information on the criminal process, where applicable.

To receive access to and information pertaining to available counseling assistance.

To receive access to assistance throughout the Student conduct process, including the ability to utilize the RIT Advocacy Program.

To have access to all information presented during any hearing held in accordance with the provisions of the Student Code, including information and testimony from witnesses.

To be informed, in writing, of the results of any hearing held in accordance with the provisions of the Student Code.

Advocates and Advisors of Choice

The RIT Student Conduct process is intended to address Student misconduct in accordance with RIT's community expectations. As an educational experience, the participating Student is expected to take primary responsibility for responding to the incident in question. Throughout the conduct process, Students may find that a trained and knowledgeable advocate can be both supportive and beneficial. The Advocacy Program is a university initiative designed to provide Students with assistance throughout the RIT Student Conduct Process by partnering the Student with a trained RIT faculty or staff member as they engage in the RIT Student Conduct Process ("RIT Advocate"). An RIT Advocate neither represents the Student in the hearing, nor may an RIT Advocate serve as a character witness for the Student. The RIT Advocate serves as a supportive partner to the Student in this educational process. Advocates will provide:

Advocacy prior to Conduct Hearings, including:

Meeting with the Student to assist in preparing for the hearing;

Assisting the Student in understanding RIT policies, and the procedures of the Student Conduct Process; and

Assisting the Student in accessing available university resources.

Advocacy during Conduct Hearings, including:

Participating in the conduct hearing by providing silent support, assisting the Student in making statements and responding to questions, and/or unless otherwise stated, directly asking questions of witnesses and other conduct hearing participants; and

Assisting the Student in clarifying information pertinent to the incident.

Choosing an Advocate. In choosing an Advocate, Students may:

Select a specific person from a list of trained Advocates provided by the Center for Student Conduct;

Request that a selection be made for them from a list of trained Advocates; or

Select an RIT faculty/staff member with whom they are familiar. Advocates who have not yet been trained for advocacy may receive training by the Center for Student Conduct and Conflict Resolution. Advocates will not be attorneys admitted to practice law in any court or members of a bar association. Advocates who do not recieve training are considered Advisors of Choice.

An Advocate will determine, within their sole discretion, whether they are willing to serve as an Advocate in any particular matter. In the event a chosen advocate declines to serve in any particular matter, the Student may select another person.

VI. Procedures Requiring a Hearing for Resolving Violations of the Student Code of Conduct

Notification Process

The Accused will be sent written or electronic notice of the allegations brought forth as a Complaint. The notice will include:

A request for the Accused to contact the Center for Student Conduct and Conflict Resolution;

A description of the conduct in which the Student was allegedly involved;

A list of possible university policies, rules or regulations allegedly violated;

The offices that will be represented at the hearing;

A link to the website explaining the Student Code, along with instructions to review the RIT Student Conduct Process documented in the standards of conduct; and

An assurance that the university will keep the Complaint and investigation confidential to the extent possible and in compliance with applicable laws, rules, and regulations.

Standard of Review

All hearings and appeals under the Student Code will be determined using the preponderance of the evidence standard, which is established when all supporting documents of an incident provide information that a Student more likely than not violated the Student Code.

Conduct Hearings

The Director of the Center for Student Conduct, or designee, will determine which hearing type is most appropriate for the incident. There are three hearing types, including:

A hearing with a Center for Residence Life staff member. These hearings are for cases involving incidents in or around RIT housing, and are not recorded. Center for Residence Life staff are authorized to issue the full range of statuses and conditions up to, but not including, removal from campus and separation from the university.

A hearing with a Student Conduct Officer. These hearings are for cases that are not designated in VI.C1. Student Conduct Officers have the authority to impose a full range of statuses and conditions including suspension and expulsion.

Hearing Participants.

Advocates. The Accused will be informed that they have the right to bring an RIT Advocate from a list of trained advocates provided by the Center for Student Conduct and Conflict Resolution or any RIT faculty or staff member to the hearing (refer to V.H.)

Advisors of Choice. In hearings where the accused is charged with a violation of a D.19 standard, both the accused and the complainant may bring an advisor of choice.

Attorneys. The Accused may also bring an attorney, in addition to an advocate, to the conduct hearing as an advisor only when the case has resulted in an arrest and is also being heard in a court of law, and upon the permission of the Student Conduct Officer. If an attorney is present during a conduct hearing or appeal presentation, the attorney cannot participate in either the hearing or appeal process. An attorney can only observe the hearing process and give the Accused quiet counsel outside the conduct hearing or appeal. If the Student Conduct Officer determines that the behavior of an attorney present during a conduct hearing is inconsistent with, or disruptive to, the university hearing process, the conduct hearing may be terminated at that time or the attorney excused from the remainder of the conduct or appeal hearing.

Parents/Guardians. Parents/guardians are not permitted to participate in or be present during any RIT Student conduct hearing or appeal, unless the Accused is under the age of eighteen (18). In those instances, the parent/guardian can observe the hearing process or appeal presentation and give the Student quiet counsel.

Witnesses. The Student Conduct Officer determines and permits witnesses for the Accused. Witnesses must be members of the RIT Community in order to be present for the hearing. Other witnesses can make statements through Public Safety, which statements will be read during the hearing at the discretion of the Conduct Officer. Witnesses must have direct information regarding the incident; character witnesses are not allowed.

University Liaisons. Other persons who may be present at the hearing include:

Public Safety representatives;

NTID conduct liaison (if either the Accused or the Complainant are NTID-supported Students);

Other appropriate university personnel (e.g., a representative from the Center for Residence Life or Fraternity and Sorority Life); and/or

Sign language interpreters or captionists if the Student, or any participant in the hearing, is deaf or hard of hearing.

Recording of Hearing

All conduct hearings with Student Conduct Officers are audio recorded. The participants in the conduct hearing will be informed upon entry into the hearing location of the recording. Hearings can be video recorded upon request. A request for video recording must be made in writing twenty-four (24) hours prior to the scheduled hearing. Video recording requests made with less than twenty-four (24) hours' notice may be denied at the discretion of the Student Conduct Officer. All participants in the conduct hearing will give their consent to video recording. Any participant in the conduct hearing that chooses to not be video recorded will be audio recorded only. Recordings (both audio and video) will be retained in accordance with the C22.0 - RIT Records Management Policy. The recording of the conduct hearing is a university business record and the property of the university. The Accused and the Complainant in cases where there is an allegation of a D.19 standard may request access to the recording by submitting a written request to the Center for Student Conduct and Conflict Resolution after an appeal is submitted to the Student Conduct Appeals Coordinator and prior to the Appeals Hearing.

Accommodations Request

Students with a valid Disabilities Services Agreement (DSA) from the Disability Services Office may be eligible for accommodations in the student conduct process. Students requesting accommodations for the conduct process must provide a current DSA to the Center for Student Conduct and Conflict Resolution before accommodations can be made.

VII. Hearing Procedures for Resolving Violations of the Student Code of Conduct

All Student conduct hearings will be conducted in private.

The Student Conduct Officer will inform the Student that the conduct hearing is being recorded (when applicable).

The Student Conduct Officer will have provided the Student with copy of their student rights and ask them to acknowledge that it has been reviewed and understood.

The Student Conduct Officer will review all of the materials or evidence that has been submitted. The materials may consist of, but are not limited to, a summary of the case as written by Public Safety, statements from witnesses, or statements from other persons involved in the situation.

After the submitted materials and evidence have been read, the Accused will have an opportunity to refute or explain the materials or evidence and add information. The Student Conduct Officer and other university officials present may ask the Student questions and discuss the case. The Student may choose to remain silent (not answer any questions or make statements), or the Student (and their advocate) may participate in the discussion.

The Accused, the Complainant in cases where there is a charge of a D.19 standard, and the Student Conduct Officer are permitted to bring witnesses and question the witnesses of others.

The RIT Student Conduct Process is not a court of law and legal rules of evidence and procedure do not apply. The Student Conduct Officer will determine in the officer's sole discretion the range of testimony permitted by witnesses and items of information which may be considered.

If the Student Conduct Officer determines that a witness may be emotionally harmed by giving evidence in the presence of the Accused, the Student Conduct Officer may make other arrangements (such as use of a wall partition or video conferencing) to allow the testimony while not depriving the Accused of access to the evidence.

All procedural questions will be decided in the sole discretion of the Student Conduct Officer.

In cases where the Accused fails to answer the charges or appear at the conduct hearing, the hearing may still take place. A determination will be made and an outcome decided on the evidence submitted at the conduct hearing. The Accused's failure to answer charges or appear at the conduct hearing cannot be the sole basis for a responsible finding under this policy. In addition, the Accused may be put on a conduct status for failure to attend a conduct hearing after receiving a written or electronic request to appear at the hearing.

Once all evidence has been submitted and discussed, and within the sole discretion of the Student Conduct Officer, the Accused and the Advocate will leave the room. The Student Conduct Officer will deliberate and discuss the appropriate resolution of the case including appropriate statuses and conditions, if any, with other university staff that were present for the hearing before making a final determination.

Upon conclusion of the deliberation and discussion, the Accused and their Advocate will then be asked to rejoin the conduct hearing and be informed by the Student Conduct Officer of the determination. If the determination is that the Student violated the policies, rules, or regulations of the university, the response to misconduct will be discussed. The conduct hearing is concluded when the Student Conduct Officer provides their determination.

If, in the sole discretion of the Student Conduct Officer, it is deemed appropriate, interim suspension or restrictions may be imposed during the time of an appeal or until the time to appeal has passed. (See VIII. 4).

Upon conclusion of the conduct hearing, the Accused will be simultaneously sent written notice of the determination and any status imposed within three (3) Business Days of the conclusion of the conduct hearing. This written notice will include the process by which the Student can appeal.

The Accused must file an appeal to the Student Conduct Appeal Coordinator within three (3) Business Days from the date of the electronic mailing of the outcome letter.

Once the outcome is final (i.e., after the decision of an appeal or after the three (3)-day time to appeal has passed), the Student is required to complete all of the required conditions.

There will be a single record of the conduct hearing and this record will be the property of the university. The record will be maintained in accordance with the provisions of C22.0 - RIT Records Management Policy.

VIII. Responses to Violations of the Student Code of Conduct

An important component of the conduct process is education. Conduct officers may assign or design responses to allow for education and reflection on a particular incident while promoting a safe and respectful community. Responses, which include statuses and conditions, emphasize accountability, emotional growth, conflict resolution, restorative values and campus safety. A refusal to comply with an assigned condition will result in further action, including a hold on a Student’s account, a new hearing, or suspension.

Statuses. A status is meant to allow students to reflect on their behavior and the decisions they made that led to the finding of responsibility. A status indicates the Student's disciplinary standing with the university. Some statuses may exclude a Student from participating in various university activities. It also indicates how long a record will be retained by the university and under what circumstances, if any, it would be available to third parties (See C22.0 - RIT Records Management Policy).

Notice of Incident. For certain code violations, the Student or Student organization may be notified of the incident report either through a meeting or a letter, stating that the university will take further action for any subsequent violations.

Warning. Written notice to a Student or Student organization that continued or further violations of any university policy, rule, or regulation within a specific period of time (not to exceed one calendar year) may result in an additional response from the university. Warnings may require specific conditions to be completed.

Probation. Probationary periods indicate that a Student or Student organization is no longer in good standing with the university and that further violations during the probation (not to exceed two calendar years) may result in extension of the probationary period, additional conditions, suspension or expulsion. During the period of probation, specific conditions may be assigned. All assigned conditions are required to be completed before their deadlines. If a Student organization with a national affiliation (e.g., a Greek-letter organization) is found responsible for misconduct and is placed on a status of Probation, RIT will inform the national office of the decision.

Suspension. Suspension is the immediate removal of the Student's affiliation with the university for a specific period of time, which includes exclusion from classes, university housing, and all other university activities. Suspended Students are not allowed to be on campus for any reason during the period of suspension and may be arrested for trespassing if found on university property. Students returning from suspension have an initial restriction from living in campus housing and are placed in indefinite probation for the remainder of their time at RIT. Suspended Student organizations may lose certain privileges, such as use of campus facilities, participation in university activities, use of allocated funds, recruitment, or new member education activities. If a Student organization with a national affiliation (e.g., a Greek-letter organization) is found responsible for misconduct and is placed on a status of Suspension, RIT will inform the national office of the decision. Specific conditions will be required to be completed prior to the Student or Student organization's return. Once the term and the conditions of a suspension are completed, it is the responsibility of the Student to contact their academic college to discuss returning to that college.

Expulsion. Expulsion is a permanent involuntary separation of a Student from the university. Under typical circumstances, readmission is not possible.

Additional Statuses for Student Organization Statuses. While Student Organizations may be placed on a status similar to individual Students, including Warning, Probation, and Suspension, several other statuses apply solely to Student organizations.

Social Probation. A Student organization on Social Probation is not permitted to hold any organized social functions (e.g., parties) for a specified period of time.

Disaffiliation. Disaffiliation is a permanent involuntary process to revoke recognition of a university organization that has a charter.

Conditions. A condition is a response to provide the Student or Student organization with experiences from which to learn. Any condition may be required of a Student or Student Organization, and may include the following: community restitution, substance abuse education and/or evaluation, Reflection and Development seminar attendance, research or reflection paper, letter of apology, university housing probation, removal from housing, and loss of housing renewal privileges.

Interim Suspension or Restrictions. This action assigned by the director of the Center for Student Conduct and Conflict Resolution, or designee, is a temporary suspension of certain rights or privileges during the conduct process. An interim suspension may be broad and all-inclusive or may be specific to a location and/or function to ensure the physical or emotional safety and well-being of members of the university community, the Student’s own physical or emotional safety and well-being, or the preservation of university property, or safety and order on university premises. An interim suspension, interim removal from university housing, or other interim restriction, may be imposed before, during, or after the commencement of a conduct hearing, or during the appeal process. A Student or Student organization subject to interim suspension or other restrictions will receive written or electronic notice of the suspension or restrictions imposed, as well as the notice of the process for resolving the interim restrictions. The interim suspension or restrictions will remain in effect until the conduct process is resolved.

Hold on Student Account. A hold may be placed on a Student’s account as a response to a Student who refuses to comply with the conduct process, or in other appropriate circumstances. It may be applied in situations where there is a need to resolve a pending conduct charge, even in the case of an individual who was, but is not now, currently a Student.

IX. Appeals for the Student Code of Conduct

Appeals Process

Cases originating from the Student Conduct Officer. Unless otherwise noted in this policy, the University Appeals Boards (UAB) will hear appeals of determinations of violations made under the Student Code of violations of the Student Code and the imposition of statuses as follows.

Warnings. Warnings may not be appealed.

Probation, suspension or Expulsion. Appeals of probation, suspension or expulsion from Student Conduct Officers may be appealed to the University Appeals Board.

Cases originating from the Center for Residence Life. For cases heard by the Center for Residence Life, the follow is applicable:

Within three (3) days, the Student intending to appeal must submit the basis of the appeal in writing to the Student Conduct Appeals Coordinator.

The appeal letter will be assigned to an associate vice president for Student Affairs or designee.

All relevant information will be reviewed and a determination will be made by the assigned associate vice president for Student Affairs. This decision final and cannot be appealed further.

Grounds for Appeals

The grounds for appeal will be limited to:

Determining whether the hearing was conducted in accordance with the procedures under this policy or Policy D19.0. Any deviation in procedure will not be a basis for sustaining an appeal unless the deviation impacted the outcome of the process;

Determining whether the sanctions imposed were appropriate for the violation of the policy for which the Student was found responsible;

Considering new information or evidence which was not known, knowable, or available at the time of the original hearing and which information or evidence is sufficient for a reasonable person to alter the determination of the original hearing.

Except as required to explain the basis of new evidence, the appeals process will limit its review to the process and outcome of the initial hearing (if applicable), together with any supporting documents.

Any party seeking to appeal a determination must do so in writing and must specifically state one or more of the reasons above and the evidence supporting the appeal. Any appeal that fails to specifically state the basis for appeal may be dismissed if not based upon one or more grounds for appeal.

Witnesses will not be permitted to appear on appeal except to the extent that witnesses may provide testimony related solely to new evidence or information that the appellant demonstrates was not known or available for the original hearing. See guidelines for Witnesses (VI.D.5).

Members of the University Appeals Board (UAB). Members of the UAB will be selected from a pool of candidates from representatives of RIT’s shared governance system (Academic Senate, Staff Council and Student Government). All members of the UAB will attend mandatory training periodically as offered throughout the year. The UAB will be trained and selection for a given panel will be coordinated by an associate vice president within the division of Student Affairs, or designee.

Board Composition. Each UAB will consist of three (3) members. The members will include a Student; a faculty or staff member; and an associate vice president within the division of Student Affairs or designee, who will also serve as chairperson for the UAB, all of whom will each have the right to one (1) vote.

Closed Hearings. Appeals are conducted in private. Upon the request of either of the parties involved, the chair of the UAB, at the chair's sole discretion, may open the appeal to other members of the RIT community.

Possible Outcomes after an Appeal Hearing

After considering the appeal, and upon close of the hearing, the UAB may:

Remand the case for rehearing or reconsideration of the status or conditions imposed or with specific recommendations for resolving procedural or process that the UAB determines would have impacted the outcome of the original hearing.

Procedure for UAB Appeals

Within three (3) days of receiving the determination of a conduct hearing, the Student must submit the basis for appeal in writing to the Student Conduct Appeals Coordinator.

For non-Title IX matters, the Student requesting the appeal has the right to be assisted by an advocate in accordance with the provisions of the RIT Advocacy Program (See V. H.).

Once an appeal is filed, the parties involved will receive written, electronic notification within three (3) Business Days of the receipt of the appeal. This notice will state that the case is under appeal and will be scheduled for an appeals hearing. Upon receipt of any written responses, or the expiration of three (3) Business Days from the sending of the notification of an appeal, whichever comes first, an appeals hearing will be scheduled. The appealing party will attend the scheduled hearing or forfeit the right to appeal.

The Student filing the appeal and their advocate will appear in front of the UAB and present the basis for the appeal. There will be a time limit of twenty (20) minutes for this presentation and their advocate (and/or advisor of choice in the Title IX hearings).

A member of the Center for Student Conduct and Conflict Resolution will be available to respond to the appeal and give the rationale for the determination made at the original hearing, including and status and conditions.

After presentation of the appeal and before the parties are dismissed, the UAB may, at its discretion, ask questions of the parties present. Upon conclusion of the appeal hearing, a final determination will be made. A hearing is considered closed after all testimony and evidence has been submitted by the parties and the chair of the UAB has concluded the appeal.

The decision of the UAB will be sent electronically to the required parties within three (3) Business Days of the hearing. The determination rendered by the UAB is final and may not be appealed further.

Policy History:
Modified 2006
Edited for department/title changes August 2008
Edited September 2010
Modified March 2012
Revised August 2014
Revised September 2015
Approved as an interim policy on October 21, 2015
Interim status removed and edits to section H. to include advisors of choice approved September 6, 2016